When legal disputes arise, most people imagine a lengthy trial with witnesses, lawyers, and a judge making a final ruling. But in reality, many civil cases are resolved through settlement. Once the parties agree to settle, the next question is: how can that agreement be enforced if someone doesn’t follow through?
That’s where California Code of Civil Procedure Section 664.6 comes in. This powerful statute provides a streamlined way for courts to enforce settlement agreements without forcing parties to start a brand-new lawsuit.
In this guide, we’ll break down what Code of Civil Procedure 664.6 is, why it matters, how it works in California, and what you should know if you’re involved in a civil case.
What Is Code of Civil Procedure 664.6?
The Code of Civil Procedure Section 664.6 is a California law that allows parties in a lawsuit to ask the court to enforce a settlement agreement. Instead of filing another lawsuit for breach of contract, the court that handled the original case can directly enter judgment based on the settlement.
This section of the law was designed to save time and money. Civil litigation is already expensive, and if settlements weren’t enforceable within the same case, parties would constantly face additional lawsuits just to enforce agreements.
Why Was California Code of Civil Procedure 664.6 Created?
California lawmakers recognized that settlements are one of the most efficient ways to resolve disputes. However, a settlement is only as good as the parties’ willingness to honor it.
Before California Code of Civil Procedure 664.6 existed, if someone breached a settlement, the other party often had to sue for breach of contract. That meant starting a new case, paying new filing fees, and going through more delays.
Section 664.6 was created to solve that problem. It provides a clear legal pathway for judges to confirm the settlement and enforce it like a judgment.
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How Does Code of Civil Procedure Section 664.6 Work?
To enforce a settlement under 664.6 Code of Civil Procedure, certain conditions must be met:
- The settlement must be in writing or made orally in court.
- If it’s written, it needs to be signed by the parties themselves, not just their lawyers.
- If it’s oral, the terms must be placed on the record in court.
- The settlement must be clear and specific.
- Courts won’t enforce vague agreements. The settlement needs to spell out obligations, timelines, and terms in detail.
- A motion must be filed with the court.
- The party seeking enforcement files a motion under Section 664.6, asking the judge to enforce the agreement.
If the court finds the requirements satisfied, it can enter judgment, which is just as enforceable as any other court judgment.
The Importance of Party Signatures
One of the key features of California Code of Civil Procedure 664.6 is that the parties themselves must sign the agreement, not just their attorneys.
This rule exists because settlements are serious decisions. A lawyer may have authority to negotiate, but only the parties can confirm they’ve agreed to be bound. Courts take this requirement seriously, and cases have been thrown out where only attorneys signed.
Benefits of Using Section 664.6
There are several advantages to using California Code of Civil Procedure Section 664.6 for enforcing settlements:
- Speed: Enforcement happens within the same case, avoiding lengthy delays.
- Cost savings: No need for an entirely new lawsuit.
- Finality: Once judgment is entered, it carries the same weight as any other court order.
- Judicial efficiency: Courts avoid duplicate cases and conflicting rulings.
Common Uses of Code of Civil Procedure 664.6
Section 664.6 applies broadly across civil disputes in California. Some common scenarios include:
- Personal injury cases: A plaintiff and defendant agree to settle for a certain amount, but payment isn’t made.
- Business disputes: Companies resolve a contract dispute but one side fails to uphold the deal.
- Real estate conflicts: Buyers and sellers reach a settlement regarding property disputes.
- Employment law cases: An employee and employer settle claims for wages or wrongful termination, but the terms aren’t honored.
In all of these, 664.6 Code of Civil Procedure allows quick enforcement.
Key Cases Interpreting California Code of Civil Procedure Section 664.6
Over the years, California courts have clarified how Section 664.6 works. A few important rulings include:
- Levy v. Superior Court (1995): The California Supreme Court held that attorneys cannot bind their clients by signing a settlement; the parties themselves must sign.
- Hines v. Lukes (2008): Courts emphasized that settlements must be clear and not open to interpretation.
- Weddington Productions v. Flick (1998): Reinforced that vague settlement terms are unenforceable under 664.6.
These cases highlight how strictly courts apply the requirements.
Limitations of Code of Civil Procedure 664.6
While powerful, California Code of Civil Procedure 664.6 isn’t limitless. Here are some important restrictions:
- Written or oral record required: Informal agreements, emails, or handshake deals usually won’t qualify.
- Parties must sign: If only the attorneys sign, the settlement may not be enforceable.
- Clear terms required: Ambiguities can derail enforcement.
- Court discretion: Judges ultimately decide whether to enforce, so a poorly drafted settlement can fail.
Practical Tips for Enforcing a Settlement
If you’re entering into a settlement in California, keep these tips in mind to ensure Code of Civil Procedure Section 664.6 protection:
- Get it in writing. Even if the settlement is made orally in court, it’s safer to also have a written agreement.
- Make sure all parties sign. Don’t rely solely on attorney signatures.
- Be specific. Spell out payment dates, amounts, obligations, and consequences for non-compliance.
- File promptly. If the other party breaches, don’t delay in filing a motion under Section 664.6.
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664.6 Code of Civil Procedure vs. Breach of Contract Lawsuit
One question people often ask is: why use 664.6 Code of Civil Procedure instead of a regular breach of contract claim?
The difference is efficiency. A breach of contract lawsuit requires filing a new case, serving parties, and going through a new legal process. Section 664.6 lets you bypass all of that and get enforcement directly in the existing case.
In short, Section 664.6 is the faster and more cost-effective path.
California Code of Civil Procedure 664.6 and Mediation
Many civil disputes in California are resolved through mediation. When settlements are reached in mediation, the parties should always ensure the agreement is signed by them personally.
That way, if enforcement becomes necessary, the agreement qualifies under California Code of Civil Procedure 664.6. Without signatures, even a mediated settlement may be unenforceable under this statute.
Frequently Asked Questions About Section 664.6
1. Can attorneys sign settlement agreements for their clients?
No. Under Levy v. Superior Court, only the parties themselves can sign for Section 664.6 enforcement.
2. What happens if a settlement is vague?
Courts may refuse to enforce it. California Code of Civil Procedure Section 664.6 requires clarity and specificity.
3. Can a settlement be enforced years later?
Yes, but enforcement actions should be taken within a reasonable time. Delay can weaken your position.
4. Is oral settlement enforceable?
Yes, if placed on the court record. However, written agreements are always safer.
Why Section 664.6 Matters in California Civil Law
At its core, California Code of Civil Procedure 664.6 promotes fairness and efficiency. Without it, settlements would lose much of their value. After all, what good is a settlement if one party can simply ignore it and force the other to file a new lawsuit?
This statute ensures settlements carry real weight, giving both sides confidence that their agreement will be honored.
Final Thoughts
The Code of Civil Procedure Section 664.6 is one of the most practical tools in California civil litigation. It empowers courts to enforce settlements quickly, saving parties time, money, and stress.
If you’re involved in a California lawsuit and considering settlement, make sure your agreement follows the requirements of California Code of Civil Procedure 664.6. That means getting signatures from all parties, writing clear terms, and ensuring the agreement is properly recorded.
Handled correctly, this statute can give your settlement the full force of law.
